Skip to main content

Show sorted alphabetically
More right-solid
Show sorted alphabetically
More right-solid
SHOW DETAILS
up-solid down-solid
eye
Title
Date Archived
Creator
Community Texts
Mar 24, 2021 Giorgi Glazovi, Levan Osadze
texts
eye 3
favorite 0
comment 0
Within this article we’ve considered the disposition of the Article 16 of the Civil Code of Georgia, it’s aim and connection with human rights protected under the Constitution.  After analyzing case law and scientific literature, it seems that it is possible to limit the legal capacity of a person at the age of majority, if the adult abuses alcohol or narcotic substances and by doing so, puts his/her family in material hardship, however, it’s unclear why it is necessary to limit legal...
Topics: Family, Obligation, Equality
Community Texts
Mar 24, 2021 Mikheil Bichia
texts
eye 2
favorite 0
comment 0
The work is dedicated to specific legal regime of confidentiality protection in the mediation process. To this end, not only the scope of the concept of confidentiality is explored, but also the peculiarities of its protection in mediation and in court. Legislative news and the standards recognized by the law “on mediation” is analyzed in this context.  It is noteworthy, that due to several factors mediation becomes especially attractive for business in a pandemic conditions: unlike...
Topics: Mediation, Confidentiality, Protection
Community Texts
Mar 24, 2021 Irakli Papava
texts
eye 2
favorite 0
comment 0
The article is an attempt based on a generalization of the experience of the European Union (EU), to identify the essential characteristic of supranationality in the context of the interaction of international law with domestic law, to assess the legal nature of the EU and to offer the reader an authorial definition of “supranationality”.  The general conclusion of the paper is that supranationality should be understood as an effective form of interstate cooperation and activity within the...
Topics: European Union Law, Supranationality, National law of the member states
Community Texts
Mar 24, 2021 Tamta Tsirkvadze
texts
eye 1
favorite 0
comment 0
● In common law countries, which as a rule do not have codified criminal legislation, or where it exists, offences committed under the provoked temporary insanity are not treated as a separate type of wrongdoing (delictum sui generis). Criminal theory and practice considers them as a particular example of privileged homicide related to manslaughter but not the murder.  ● Actus reus of offences committed under the provoked temporary insanity (as a kind of privileged homicide) consists of...
Topics: Provoked Temporary Insanity, Recklessness, Double Causation
Community Texts
Mar 24, 2021 Irakli Nadareishvili, Jemal Lomsadze
texts
eye 2
favorite 0
comment 0
In the presented article, the author analyzes socio-economic damage caused and expected as a result of cybercrime, a global and transnational threat. In parallel, with the development of technology and the growing dependence of the population on internet resources in the digital era, there are discussed dangers of blooming opportunities for cybercriminals and harm imposed by their actions. Taking into account the scale of the proceeds of crime, the author of the article presumes that cybercrime...
Topics: Cybercrime, Hacker, Virus
Community Texts
Mar 24, 2021 Eva Gotsiridze
texts
eye 3
favorite 0
comment 0
The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is...
Topics: Conscientious objection, Religious Rights
Community Texts
Mar 24, 2021 Tariel Putkaradze
texts
eye 2
favorite 0
comment 0
While discussing the legal framework for the „linguistic rights” of ethnic/linguistic minorities, the Georgian authorities should first consider the position of the ‘fathers’ of the „European Charter for Regional or Minority Languages“ concerning the difference between the autochthonous (historical) and new minorities; However, full realization of the linguistic rights of the Georgian state language, autochthonous minorities or migrant minorities on the territory of Georgia is...
Topics: Linguistic rights, Minorities, Language situation
Community Texts
Mar 24, 2021 Tatia Dolidze
texts
eye 3
favorite 0
comment 0
Criminal code of Georgia (7th article) defines crime. According to this article main element of a crime is an action. Action is also the first and the most important element of actus reus in Georgian criminal law. In this case, action includes not only criminal activity, but also criminal inaction. According to Georgian criminal law, there are two forms of inaction: typical inaction and mixed inaction. Mixed inaction is much more serious crime than typical inaction. While qualifying inaction...
Topics: Crime, Duty, Court
Community Texts
Mar 24, 2021 Natia Rekhviashvili
texts
eye 1
favorite 0
comment 0
This article was written to describe the main regulations under Georgian labor law about fixed-term and permanent labor contracts. It was made to analyze the problems under Georgian Labor Code about regulating these two type of contracts. Under Georgian labor code the labor contract of fixed-term can be signed by the parties if the prerequisites strictly regulated by Georgian labor code is protected. It means that the parties can sign fixed-term labor contract only in few cases, which are...
Topics: Labor, Form, Contract
Community Texts
Mar 24, 2021 Koba Grialashvili
texts
eye 3
favorite 0
comment 0
The paper addresses the basic rights and freedoms guaranteed by the Constitution of Georgia, in particular, issues related to personal data. The development of information technology has had a significant impact on the dangers of illegal processing of personal data. The European Court of Human Rights considers the inviolability of private life as a precondition for human autonomy, independent development and protection of human dignity. According to the norms of international law, the right to...
Topics: Right to privacy, Police preventive measures, Principle of proportionality
Community Texts
Mar 24, 2021 Mariam Bobokhidze
texts
eye 2
favorite 0
comment 0
Best interests of the child – a concept serving for the realization and protection of the child’s fundamental rights – has been a subject for debates since its formation. While indeterminate and flexible to each single case by its nature, it is still deemed to be one of the most effective tools with regard to children rights law. The present Article aims at illustrating the value the concept should be accorded to, together with the degree of its implementation in the legislation of...
Topics: Best interests of the child, Primary consideration, Paramount consideration
Community Texts
Mar 23, 2021 Lasha Lursmanashvili
texts
eye 2
favorite 0
comment 0
This article aims to go beyond the romanticized paradigm emanating from human rights and international law in general. Considering that the intention of the present author is wide and over encompassing in its scope, this paper intends to dwell only on certain specific issues. First, it examines whether powerful states still do what they like even though they are constrained by the rules of International Law. Then it moves to examine the most pressing issues of migration law, which again...
Topics: Refugee-Law, Trafficking policy, Victim
Community Texts
Mar 22, 2021 Kakhaber Goshadze
texts
eye 4
favorite 0
comment 0
Sharing child’s visual materials online for purely personal purposes by parents, family members or close relatives is a widespread practice, especially, where the availability of internet services is provided, which therefore, poses challenges to privacy protection of the child. Children, as one of the most vulnerable members of society, need special attention with regard of protection of fundamental rights, where privacy a crucial one. This article reviews the implications of child’s...
Topics: Child, Privacy, Social media
Community Texts
Mar 18, 2021 George Khatidze
texts
eye 6
favorite 0
comment 0
An economic development of the states highly depends upon the flow of private international investment. Whilst the creation of suitable investment climate which would guarantee the fair and equitable treatment of foreign investment within the depoliticized and impartial dispute resolution system had been objective of the World Bank, the International Centre for Settlement of Investment Disputes was established under its auspices. The primary objective of the ICSID Convention has been viewed on...
Topics: ICSID convention, Investment arbitration, Dispute resolution
Community Texts
Mar 18, 2021 Ana Gurieli
texts
eye 5
favorite 0
comment 0
In Georgia, the existence and strengthening of two important legal institutions - court settlement and court mediation may provide opportunities, in order to ensure the common goal – the satisfaction of the interests of individuals, in the civil proceedings, much faster, and with less expanses, than it can be achieved in civil process. Consequently, in the court system, highlighting their importance, may excel the unified chain of justice and ensure trust towards the judiciary. In the paper,...
Topics: State, Dispute, Judge
Community Texts
Mar 18, 2021 Ali Mashhadi, Mohammad Ali Kafaei Far, Seyed Mohammad Hossein Mirzadeh
texts
eye 4
favorite 0
comment 0
For the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to...
Topics: Farsi, International Law Instruments, Latin Phrases and Expressions, Phraseology